Sexual Offences Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What does S.76 Sexual Offences Act cover?

A
  • Irrebutable presumptions (consent is presumed to not exist) with regards to consent IF:
  • If D intentionally impersonates another person known to V, to have sex with V

OR

  • If D intentionally deceives V as to the purpose of the sexual act.

(e.g choir master told girl he was performing a medical procedure but it was a sexual act.) The deception must be to the sexual ACT not peripheral matters.

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2
Q

What sections does the S.78 definition of ‘Sexual’ apply to?

A

S.2 - Assault by penetration
S.3 - Sexual assault
S.4 - Causing sexual activity without consent

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3
Q

What are the points to prove for S.2 assault by penetration?

A
  • The penetration must be by the anus or vagina for the offence to be complete with ONLY a penis
  • conclusive and evidential
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4
Q

How will an act be determined to be sexual?

A

Whatever the act or the persons motivation, it will be deemed sexual if it is of a sexual nature

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5
Q

What does S.76 of the sexual offences act relate to?

A

S.76 relates to deception as to the sexual act or impersonation of a person known to the victim (e.g twins)

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6
Q

What legislation governs child rape?

A

S.5 children under 13

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7
Q

What does S.6 cover?

A

Assault by penetration of a CHILD

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8
Q

What does S.7 cover?

A

Sexual Assault of a child

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9
Q

What does S.8 cover?

A

Causing or inciting a child to engage in sexual activity

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